Your guide to transfer of land by mortgagee or
Document Sample


Your guide to
transfer of land by mortgagee or
annuitant
T3 Approved Form
THIS BROCHURE IS A GENERAL GUIDE ONLY The T3 Transfer Form
This section is to be completed by the party lodging the transfer at Land Victoria. Insert
name, telephone number, postal address for the return of any documents, your reference (if
any) and customer code. If you do not have a code, one will be allocated and inserted by Land
Victoria staff at time of lodgement. TRANSFER OF LAND Privacy Collection Statement
The information from this form is
By MORTGAGEE or ANNUITANT collected under statutory authority
If the whole of the land in a certificate of title is being transferred, insert the Volume and Section 77 Transfer of Land Act 1958 and is used for the purpose of
maintaining publicly searchable
Folio numbers only (they appear at the top right-hand corner of the front of the certificate of Lodged by: registers and indexes in the Victorian
Name:
title). Phone:
Land Registry.
Address: M A D E A V A ILA B LE / C H A N G E C O N T R O L
Ref:
If only part of the land in a certificate of title is being transferred, this should be stated, Customer Code: O ffice U se O n ly
and a lot and plan number or Crown description given in addition to the Volume and Folio
The mortgagee or annuitant being the proprietor of the mortgage or charge described in exercise of the power
numbers. Any necessary diagrams should be endorsed on an approved Annexure Page (Form of sale conferred by the Transfer of Land Act 1958 transfers to the transferee the estate and interest of the
A1). registered proprietor in the land described for the consideration expressed-
- together with any easements created by this transfer;
- subject to the subsisting encumbrances specified; and
Insert the mortgage or charge number under which power of sale is being exercised. - subject to any easements reserved by this transfer or restrictive covenant contained or covenant created
pursuant to statute and included in this transfer.
Land: (volume and folio reference)
Show the amount paid in figures. Volume 1234 Folio 456
Mortgage or Charge number under which power of sale is exercised:
T123456K
Insert the name(s) of the mortgagee(s) or annuitant(s). Consideration:
$123,564
Mortgagee or Annuitant: (full name)
Insert the full name(s) and address(es) of the transferee(s). William John Smith and Marie Louise Smith
A "care of" or "post office box number" is not an acceptable address. Transferee: (full name and address including postcode)
Bruce Len Adams and Joan Beryl Adams both of 45 Spring Street Dandenong 3175
For two or more transferees - Subsisting encumbrances:
Any encumberances affecting the land
If no manner of holding is shown the transferees will be registered as JOINT TENANTS.
The Creation and/or Reservation of Easement and/or Covenant set out in the Approved Annexure Page A1
(When a joint tenant dies that person's interest passes to the survivor(s).) (if attached) forms part of this transfer.
An alternative is to hold as TENANTS IN COMMON. This must be stated and the quantum of
shares set out (eg. "tenants in common in equal shares" or "Bruce Len Adams as to two equal Dated:
undivided third parts or shares and Joan Beryl Adams as to one equal undivided third part or
share as tenants in common".)
(When a tenant in common dies that person's interest passes according to their will or the Execution and attestation:
laws of intestacy.)
All affecting encumbrances registered or notified in the Register prior to the mortgage or
charge, and those registered or notified subsequent thereto, that fall within the exceptions
in Section 77(4) of the Transfer of Land Act 1958 must be referred to specifically or by
a general statement eg. "any encumbrances affecting the land". A mortgage or charge
continuing to affect must be specifically referred to.
Approval No. 325955A ORDER TO REGISTER STAMP DUTY USE ONLY
An adult person who is not a party to the transfer must witness the signatures of each party.
T3 Please register and issue title to
Signed Cust. Code
If the certificate of title is already in this office in a prior dealing or has been "made available"
THE BACK OF THIS FORM MUST NOT BE USED
(see the back of this brochure) the order to register should be completed by the party who
produced it. Land Registry, 570 Bourke Street, Melbourne, 3000, Phone 8636-2010
If there is insufficient space in any panel an Annexure Page (Form A1) must be used.
The back of the T3 Approved Form must not be used.
When to use the T3 form Documents to be lodged at Land
The T3 transfer form must be used for Victoria
transfers of land* by a mortgagee or 1. A completed T3 transfer form
annuitant under power of sale.
2. Certificate of Title (not a photocopy)
The transfer should be typed or legibly which may be:
written in ink. The use of self-correcting
typewriter ribbon or correction fluid is not (a) in your possession;
permitted. The back of the form must not be
(b) handed to you at settlement;
used, the approved Annexure Page (Form A1)
must be used for any additional pages. (c) already lodged in this office in a
current dealing. In this case if another
* land includes vacant land, house and
party has produced the certificate of
land, strata units etc.
title they must complete and sign the
"order to register" at the bottom of
the T3 form; or
Easements, reservations and
(d) held by a financial institution, solicitor
covenants being created or other party who will complete the
These must be set out on an A1 Annexure "order to register" at the bottom of
Page. Insert: the T3 form and make the certificate
of title available at Land Victoria to
- any easements being created or reserved; enable you to lodge your transfer. (In
and the dominant land servient land; most instances the party making the
and/or certificate of title available will charge
a fee.)
- full details of any covenant and indicate
the land to take the benefit of the You should ensure that the certificate
covenant. of title has been made available before
attempting to lodge your transfer.
Stamp duty 3. Land Tax Notice of Acquisition
Before lodging your transfer at Land Victoria For information on the Land Tax Notice
you should present it for stamping to the: of Acquisition you should inquire at the:
State Revenue Office State Revenue Office
Level 2 Level 2
121 Exhibition Street 121 Exhibition Street
Melbourne VIC 3000 Melbourne VIC 3000
Telephone 132 161 Telephone 132 161
You will also need to notify any rating
What does it cost? body (water, sewerage, council etc.) of
the change of ownership.
Land Victoria fees for registering your T3
form are set out in the current Transfer
of Land (Fees) Regulations and the fees Further Information
brochure. Land Registration Services
Please note that additional fees are payable Land Victoria
if: Level 9
570 Bourke Street
- you lodge your transfer by post; Melbourne, 3000
- a document is "made available" by Telephone (03) 8636 2010
another party (see 2(d) below). Office Hours 8:30am - 4:00pm
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